Borders between the Democratic Republic of Congo (DRC) and Rwanda are among the busiest in the world in terms of informal cross-border trade. It is reported that about 50,000 people cross the Petite Barrière border post between Rubavu and Goma to trade foodstuff and basic services on a daily basis. Between November and December 2020, Initiatives for Peace and Human Rights (iPeace) and Pro-Femmes Twese Hamwe (PFTH) identified about 6,500 women who permanently rely on informal cross-border trade through Bukavu/Rusizi, Goma/Rubavu and Kamanyola/Bugarama border posts as their main source of income. All of these women have been involved in informal cross-border trade for 2 years at least with a capital of less than 50$. Every day, when they cross the border on both directions to buy or sell goods, these women face various challenges including payment of non-gazetted taxes, sexual and gender-based violence, harassment, arbitrary arrests, confiscation of their goods, etc.
This was the case of Marie-Rose Mukambakuriyemo and Adela Nyirasinayobye, two Rwandan women selected by their cooperative “Indashikirwa” to sell their members’ chickens in one of Bukavu’s markets. They crossed the Ruzizi-1 border on 18 December 2020 with 46 chickens worth about 460$. When they arrived at the market, Mr. Takis – a representative of a Bukavu-based association of poultry sellers – denied them from entering the market and confiscated all their chickens. He alleged that, as foreigners, Rwandan women are not allowed to do retail business in DRC. They are supposed to sell in gross to their Congolese counterparts who are allowed to retail in local markets.
Fortunately, Marie-Rose and Adela had just attended a workshop organized by Pro-Femmes for leaders of women informal cross-border traders’ cooperatives a couple of days before. During the workshop, Adela and other women were informed about the Legal Aid Clinics set up in the framework of ‘Empowering Women in Informal Cross-Border Trade in the Great Lakes Region’ (EWICBT) Project on both sides of the DRC/Rwanda border to provide free and quick support to women cross-border traders who are victims illegal and unfair treatments during their business. So, they immediately contacted Pro-Femmes to complain about what had happened. Without delay, Pro-Femmes referred them to iPeace’s legal aid team positioned a few meters from the Ruzizi-1 border post. After listening and ascertaining the soundness of the claim of Marie Rose and Adela, iPeace legal officer invited Mr. Takis to tell his version of the story. After long discussions and involvement of a Congolese border official, Mr. Takis was requested to return all the 46 chickens to Marie-Rose and Adela. He was also reminded that his status as the president of a local association does not give him power to deny access to the market to other people nor to confiscate their goods. In case of any claim or concern, he should refer to competent authorities.
“Almost every day when we cross to DRC, we expect to face some kind of harassment either from local authorities, police, border officials or our fellow traders. Since COVID-19 outbreak, the confiscation of goods by the heads various associations has become frequent. As foreigners, we don’t know where to take our claim, and some of us do not even speak Kiswahili. That is why we end up paying a lot of money to get through. I am happy that this time I was able to recover all my goods swiftly and without paying a single dollar”, said Marie Rose after she sold her returned chickens. “I would like to thank iPeace and Pro-Femmes for establishing their offices next to the border. The fact that some of their staff in DRC understand Kinyarwanda made it easier for me to clearly explain the issue. I have been crossing the border for many years, it is the first time I am able to talk to an official without being humiliated. Usually when you take the risk to complain to Congolese authorities, it takes long before your case is solved and you must pay a lot of money – sometimes above the value of the disputed goods – before your claim is settled. For that reason, most of us give up on our confiscated goods to return home. Now that I know there are people to help us quickly and for free, I feel like my confidence in pursuing my business has increased.”, added Adela. In the DRC, the multiplicity of services at border posts blurs the system and puts women cross-border traders at the mercy of shady people, including public servants.
Marie-Rose and Adela are among the 11,679 women in informal cross-border trade and their husbands who are direct beneficiaries of the EWICBT project funded by the Ministry of Foreign Affairs of the Kingdom of the Netherlands in order to improve safety, security and enabling environment for cross-border trade while increasing income and social economic welfare of women who do informal cross-border trade between DRC and Rwanda. The comparative advantage of this project consists in the simultaneous implementation of identical activities on both sides of the RDC/Rwanda borders, which allows women from each of the two countries to be equally protected when they cross the border to conduct their trade activities. This project’s activities are implemented by Pro-Femmes in Rwanda and iPeace in DRC through 30 June 2022.
On 11-16 December 2017, the 5th edition of the Great Lakes Regional Training Programme in International Humanitarian Law and Human Rights took place in Kigali. This time, 72 students and lecturers from 24 universities were empowered with knowledge and skills in relation with rules applicable in armed conflicts, and human rights. Among the participating universities, 10 were from Kenya, Tanzania and Uganda. It is the first time since 2013 that English speaking countries have been accepted to join this regional Programme which started focusing on Burundi, DR Congo and Rwanda.
Students’ research culminated with the production of two memorials, per team, containing arguments supported by relevant provisions of international instruments and case-law. Memorials addressed alternatively and separately the position of the prosecutor indicting the army general, operations commander, and that of the defense lawyer in accordance with the laws and procedures governing the International Criminal Court.The activities of this edition were organized around the theme “Maintaining the Rule of Law in Armed Conflict Period: What protection for Children in the Great Lakes Region?”.
As usual, before coming for a one-week intensive training programme in Kigali, participants spent 3 months researching on the legal qualification of facts involved in a fictitious case depicting various violations of international humanitarian law and human rights. This year’s case was built on a scenario of post-electoral crisis that degenerated to a rebellion led by an opposition leader, who not only lost the elections but also refused to recognize the polls’ results. This rebellion was bloodily repressed by the governmental army with disastrous humanitarian consequences on civilians, including women and children.
In Kigali, participants enriched their knowledge by attending workshops facilitated by renowned experts in the fields of international humanitarian law and human rights. Among these workshops, it is worth mentioning two because of both their technicity and their topicality. The first, facilitated by Dr. Raphael van Steenberghe, professor of international law at Université Catholique de Louvain in Belgium, aimed at helping participants know and understand recent developments regarding the complementarity between international humanitarian law and human rights. The second related to the identification of lex specialis and how it is articulated with other rules governing armed conflicts was facilitated by Dr. Aurélie Tardieu, lecturer at Université de Caen in France. Moreover, participants attended a conference on how international humanitarian law and human rights law complement each other in protecting children in armed conflict period.
To connect theory to practice, students participated in a moot court competition organized in two tracks. The Francophone track, competed by Congolese and Burundian universities, was won by Université de Kinshasa (from DR Congo) after facing in final another Congolese university, Universté de Goma. On the side of the English track, universities from Kenya, Rwanda, Tanzania and Uganda faced each other. Moi University won the competition after a fierce pleading against Kampala International University from Uganda in the final.
The bench of Judges in preliminary rounds and in the grand final was composed of people with sound expertise in international law from iPeace partner universities and organizations based in Belgium, Cameroon, DR Congo, France, Netherlands, Rwanda, Switzerland, and Tchad.
Both finals took place in the main courtroom of the Supreme Court of Rwanda in the presence of the Chief Justice, prof. Sam Rugege, who also delivered closing remarks after he handed awards to best female pleaders on both sides. It was the first time that special prizes such as best overall pleader and best female pleader were introduced in the Great Lakes regional moot court competition. In his speech, Chief Justice acknowledged the pertinence of this programme not only in shaping the knowledge and skills or the region’s future lawyers and judges in international humanitarian law and human rights but also in promoting peaceful coexistence.
This edition was supported by the Swiss federal department of foreign affairs, German Cooperation, the International Committee of the Red Cross, Commune Plan-les Ouates, Vrije Universiteit Brussel and Association québécoise de droit international. Since 2013, 251 the people have benefited from this programme and are now members of the active Great Lakes Network, which regroups academics and practitioners interested in international humanitarian law and human rights in the Great Lakes region. The next edition will take place in Kigali on 9-16 December 2018.
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